HomeMy WebLinkAboutAgreement A-22-531 with Fresno Metropolitan Ministry.pdf 11 Agreement No. 22-531
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1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT("Agreement") is made and entered into this 29th day of November
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and Fresno Metropolitan Ministry, a California nonprofit 501(c)(3) corporation
6 whose address is 3845 N. Clark St., Suite 101, Fresno, CA 93726 ("SUBRECIPIENT').
7 WITNESSETH:
8 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
9 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
10 Program; and
11 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
12 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
13 "Eligible Use," collectively "Eligible Uses"):
14 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
15 (2) To respond to workers performing essential work during the COVID-19 public health
16 emergency;
17 (3) For the provision of government services to the extent of the reduction in revenue due to
18 the COVID-19 public health;
19 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
20 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
21 more Eligible Uses; and
22 WHEREAS, the Final Rule identified that food insecurity is a negative economic impact of the
23 COVID-19 public emergency, with nearly 20 million adults living in households that sometimes
24 experienced food insecurity where there was not enough food to eat; and
25 WHEREAS, the Final Rule specified that food insecurity was exacerbated in many communities,
26 specifically in disadvantaged communities, areas in qualified census tracts, and moderate to low-income
27 households across the United States more than in those households with higher incomes; and
28 WHEREAS, under the Final Rule, food assistance programs that benefit impacted individuals,
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1 households, and communities, including associated capital expenditures primarily dedicated to addressing
2 food insecurity, are responsive to the negative economic impacts of the COVID-19 public health
3 emergency, and are an eligible use of SLFRF; and
4 WHEREAS,the SUBRECIPIENT represents that its"Food to Share" program facilitates the rescue
5 of healthy edible food from schools, stores, food packers, and growers that would otherwise be thrown
6 away, and SUBRECIPIENT redistributes food through an existing network of 49 churches, community
7 based organizations, and senior and youth centers that serve low-income communities and residents
8 experiencing frequent food insecurity; and
9 WHEREAS,the SUBRECIPIENT represents that its"Food to Share" program benefits
10 neighborhoods and populations in and near southwest City of Fresno that primarily consist of
11 Hispanic/Latino, Asian/Pacific Islander, and African American individuals and families, in an area with a
12 median household incomes ranging from 32%to 39% below the poverty level; and
13 WHEREAS, the SUBRECIPIENT represents that it primarily serves residents in postal zip code
14 93706, which is identified as a disadvantaged area with an estimated population of 41,534 residents and
15 a reported average median household income of$31,854, which fall at or below 40% of the Area Median
16 Income (AMI), as published by the U.S. Census Bureau American Community Survey(ACS) 5-year reports
17 for years 2016 to 2020; and
18 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
19 provide funding assistance to increase capacity service levels to meet the community's demand in the
20 SUBRECIPIENT's existing "Food to Share" program, consisting of personnel salaries and benefits for
21 cargo van drivers, quality assurance coordinators, program managers, Food to Share program
22 coordinators, and cargo van operation expenditures for calendar years 2023 and 2024, expenditures
23 that would benefit disadvantaged neighborhoods and populations in and near Southwest City of Fresno
24 at no cost to individuals in need (Program); and
25 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
26 assist with providing an additional 1 million pounds of food over a 24-month period to approximately
27 21,600 residents, and will provide relief to households and communities experiencing extreme food
28 hardships due to shrinking family budgets for buying food and other necessities that have been
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1 exacerbated by the COVID-19 pandemic; and
2 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
3 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
4 providing funds to assist a nonprofit organization increase its service capacity to administer its food
5 assistance programs that benefit disadvantaged neighborhoods that have been impacted by the
6 pandemic in Fresno County; and
7 WHEREAS, under Section 602(c)(3) of the ARPA,the COUNTY may transfer SLFRF to nonprofit
8 organizations for Eligible Uses, including proving funds for administration costs to implement a food
9 assistance program that benefit individuals in neighborhoods and communities that have experienced food
10 insecurity during the course of the COVID-19 pandemic,for the purpose of meeting ARPA's goals; and
11 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
12 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
13 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
14 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
15 permitted under the Interim Final Rule and Final Rule.
16 NOW,THEREFORE, in consideration of the mutual covenants, terms and conditions herein
17 contained, the parties hereto agree as follows:
18 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
19 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
20 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
21 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
22 SUBRECIPIENT under this Agreement.
23 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement is
24 a subaward of SLFRF to carry out the Program.
25 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
26 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
27 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
28 by the TREASURY regarding the foregoing.
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1 D. SUBRECIPIENT represents that it intends to use SLFRF to increase capacity
2 service levels to meet the southwest City of Fresno community's demand in the SUBRECIPIENT's
3 existing "Food to Share" program in the amount of$512,000,to fund increased staffing support, food
4 coordination, and food distribution vehicle-related expenses for two years, as shown on Table 1-1 of
5 Exhibit B, attached and incorporated by this reference, for the collection and redistribution of healthy
6 edible food, to be made available at no cost to, and benefit households and communities considered
7 disadvantaged areas, as shown on Table 1-1 of Exhibit B, attached and incorporated by this reference.
8 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
9 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
10 and incorporated by this reference.
11 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
12 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
13 County of Fresno, and laws of the State of California, and all laws of the federal government. This
14 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
15 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
16 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
17 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
18 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
19 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
20 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
21 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
22 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
23 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
24 G. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
25 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
26 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
27 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
28 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
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1 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
2 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
3 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
4 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
5 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
6 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
7 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
8 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
9 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
10 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
11 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
12 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
13 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
14 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
15 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
16 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
17 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
18 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
19 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
20 J. None of the personnel employed in the administration of the Program shall be in
21 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
22 5, U.S. Code, as applicable.
23 K. None of the SLFRF to be paid under this Agreement shall be used for any
24 partisan political activity, or to support or defeat legislation pending before Congress.
25 2. PROCUREMENT REQUIREMENTS
26 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
27 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
28 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
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1 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
2 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
3 200.321.
4 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
5 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
6 States(including but not limited to iron, aluminum, steel, cement, and other manufactured products).
7 3. REPORTING REQUIREMENTS
8 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
9 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
10 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
11 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
12 information described in Exhibits B and C, which are attached and incorporated by this reference, and
13 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
14 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
15 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
16 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
17 the first quarter ending after the Effective Date:
18 1) January 1 — March 31, due by April 15
19 2) April 1 —June 30, due by July 15
20 3) July 1 —September 30, due by October 15
21 4) October 1 — December 31, due by January 15
22 B. Annual Performance Report: Within fifteen (15) days after each June 30,
23 SUBRECIPIENT shall submit one "Annual Performance Report"to the COUNTY, covering all
24 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
25 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
26 incorporated by this reference.
27 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
28 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
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1 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
2 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
3 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
4 SUBRECIPIENT written acceptance of the Final Program Report.
5 4. NONDISCRIMINATION
6 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
7 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
8 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
9 employee, applicant for employment or person receiving services under this Agreement because of race,
10 religious creed, color, national origin, ancestry, physical or mental disability including perception of
11 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
12 sexual orientation, gender identity, gender expression, age(over 40), political affiliation or belief, or military
13 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
14 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
15 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy;Title VI of the
16 Civil Rights Act of 1964(42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
17 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
18 programs or activities receiving federal financial assistance; The Fair Housing Act, Title Vill of the Civil
19 Rights Act of 1968(42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
20 of race, color, religion, national origin, sex,familial status, or disability; Section 504 of the Rehabilitation Act
21 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
22 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
23 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
24 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
25 activities, and services provided or made available by state and local governments or instrumentalities or
26 agencies thereto; The Fair Employment and Housing Act(Government Code sections 12900 et seq.);
27 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
28 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
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1 Federal Regulations.
2 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
3 this Section 4 in all subcontracts to perform work under this Agreement.
4 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
5 opportunity to express, and have considered, their views, grievances, and complaints regarding
6 SUBRECIPIENT's delivery of services.
7 5. CONFLICTS OF INTEREST; ETHICS
8 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
9 policy consistent with 2 CFR§ 200.318(c), and that such conflict-of-interest policy is applicable to each
10 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
11 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR§200.12. Further,
12 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
13 employment, engagement, remuneration, or economic opportunity which would tend to improperly influence
14 a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that
15 position.
16 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
17 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
18 herself, any member of his or her household, any business entity in which he or she has a financial interest,
19 or any other person.
20 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
21 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
22 private business in which he or she has a financial interest.
23 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
24 report or other document because it might tend to affect unfavorably his or her private financial interests.
25 E. No officer, agent, consultant, employee, or elected or appointed official of the
26 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
27 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
28 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
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1 thereafter, for any of the work to be performed pursuant to the Program.
2 6. REQUIRED LICENSES CERTIFICATES AND PERMITS
3 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
4 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
5 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
6 Agreement.
7 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
8 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
9 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
10 maintained by SUBRECIPIENT at no expense to the COUNTY.
11 C. SUBRECIPEINT must show proof of established "indirect cost rates,"as defined by
12 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
13 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated"indirect cost rate"with
14 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
15 7. OFFICE SPACE SUPPLIES EQUIPMENT AND OPERATING OVERHEAD
16 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
17 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
18 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
19 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
20 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
21 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
22 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
23 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
24 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
25 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
26 reports to TREASURY.
27 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
28 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
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1 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
2 reporting requirements, as applicable.
3 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
4 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
5 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
6 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
7 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
8 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
9 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
10 9. PENALTIES
11 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
12 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
13 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
14 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
15 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award,the COUNTY
16 may impose additional conditions, as described in 2 CFR§ 200.208. If the COUNTY determines that
17 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
18 of the following actions, as appropriate in the circumstances:
19 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
20 refund SLFRF upon demand by COUNTY.
21 B. Temporarily withhold cash payments pending correction of the deficiency by
22 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
23 C. Disallow(that is, deny both use of funds and any applicable matching credit for) all
24 or part of the cost of the activity or action not in compliance;
25 D. Wholly or partly suspend or terminate the SLFRF;
26 E. Recommend the TREASURY initiate suspension or debarment proceedings;
27 F. Withhold further SLFRF for the Program; and
28 G. Take other remedies that may be legally available.
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1 10. FINANCIAL MANAGEMENT
2 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
3 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
4 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
5 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
6 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
7 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
8 accounts that correspond to each such authorized use provided further that such separate accounts are
9 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
10 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
11 or charge.
12 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
13 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
14 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
15 Uniform Guidance requirements apply or how they apply.
16 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
17 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
18 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
19 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
20 the COUNTY.
21 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
22 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
23 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
24 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
25 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
26 accountability submissions shall be provided to County of Fresno, County Administrative Office located
27 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
28 fresnocao(o)-fresnocountyca.gov.
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1 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
2 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
3 transaction by any federal department or agency. This certification is made pursuant to the regulations
4 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
5 program-specific regulations. This provision shall be required of every subcontractor receiving any
6 payment in whole or in part from Federal funds.
7 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
8 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
9 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
10 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
11 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
12 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
13 have access to all books, documents, accounts, records, reports, files, papers, things, property,
14 contractors of program services, and other persons pertaining to such financial transactions and
15 necessary to facilitate the audit.
16 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
17 records, including invoices, payroll registers, time records, contracts, and accounting documents
18 concerning matters that are reasonably related to the Program shall be provided upon request to the
19 COUNTY.
20 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
21 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
22 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
23 I. No cash reimbursement for purchases of any kind is allowable.
24 11. TERM
25 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
26 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
27 Report under section 3(C) of this Agreement, unless sooner terminated as provided herein.
28 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
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1 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
2 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
3 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
4 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
5 Final Program Report and notification of term end to SUBRECIPIENT.
6 12. TERMINATION
7 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
8 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
9 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
10 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty(30)
11 days advance written notice.
12 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
13 Agreement in whole or in part, where in the determination of the COUNTY there is:
14 1) An illegal or improper use of funds;
15 2) A failure to comply with any term of this Agreement;
16 3) A substantially incorrect or incomplete report submitted to the COUNTY;
17 4) Improperly performed service.
18 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
19 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
20 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
21 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
22 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
23 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
24 shall promptly refund any such SLFRF upon demand.
25 C. Without Cause: Under circumstances other than those set forth above,this
26 Agreement may be terminated by COUNTY by giving thirty(30)days advance written notice of an intention
27 to terminate to SUBRECIPIENT.
28 13. GRANT FUNDING/COMPENSATION
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1 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
2 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
3 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
4 amount not to exceed five hundred twelve thousand dollars ($512,000).
5 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
6 SUBRECIPIENT for the Program shall not exceed five hundred twelve thousand dollars($512,000),which
7 will provide partial funding to increase capacity service levels to meet the community's demand in the
8 SUBRECIPIENT's existing "Food to Share" program in the amount of$512,000, consisting of personnel
9 salaries and benefits for cargo van drivers, quality assurance coordinators, program managers, Food to
10 Share program coordinators, and cargo van operation expenses for calendar years 2023 and 2024,which
11 would benefit disadvantaged neighborhoods and populations in and areas near southwest City of Fresno
12 at no cost to individuals in need. SUBRECIPIENT shall track pounds of food recovered, number of boxes
13 delivered to residents, and number of food distribution events and locations.
14 SUBRECIPIENT shall submit written drawdown requests for the payment of eligible necessary
15 expenses in support of the Program. Drawdown requests for the COUNTY to make a such payment shall
16 be in accordance with the sample Drawdown Request Form, attached as Exhibit B, and incorporated by
17 this reference. Drawdowns requests shall detail purchase orders, receipts, and reimbursement requests,
18 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program
19 for items listed in Table 1-1 of Exhibit B of this Agreement.
20 In the first thirty (30)days following the Effective Date of this Agreement, SUBRECIPIENT may
21 make one(1) drawdown request to a maximum of one hundred twenty-eight thousand dollars($128,000),
22 equivalent to twenty five percent(25%) of the Program's total budgeted amount($512,000),to cover
23 eligible expenditures in support of the Program. The first drawdown request from SUBRECIPIENT to the
24 COUNTY shall also be accompanied by a written certification from the SUBRECIPIENT that the drawdown
25 request for payment is consistent with the amount of work scheduled to be performed or materials to be
26 purchased with the amount of funding being requested from the COUNTY, and that said drawdown
27 request is in accordance with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate
28 review and inspection of the first drawdown request, the COUNTY shall make the first payment available
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DocuSign Envelope ID:81 C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 to SUBRECIPIENT in a timely manner. After the first drawdown request, SUBRECIPIENT may make
2 additional subsequent drawdown requests to the COUNTY on quarterly basis (every 90 days)for eligible
3 expenditures to be funded with the remaining balance of the Program's budget, in accordance with this
4 Agreement.
5 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
6 disbursement of funds to meet the Program needs. Upon receipt of purchase or work orders acceptable to
7 the COUNTY, COUNTY shall disburse SLFRF to SUBRECIPIENT. SUBRECIPIENT is responsible for
8 monitoring the Program's cash flow needs and submitting drawdown requests to COUNTY in a timely
9 manner to assure adequate coverage of Program needs. It is understood that all expenses incidental to
10 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
11 borne by SUBRECIPIENT.
12 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
13 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
14 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
15 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
16 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
17 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
18 B. To ensure compliance with Federal and State regulations, COUNTY may require
19 additional supporting documentation or clarification of claimed expenses as follows:
20 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
21 documentation or clarification.
22 ii. SUBRECIPIENT shall respond within five(5) business days with required
23 additional documentation or clarification to avoid disallowances/partial payment of invoice.
24 iii. All invoices containing expenses that need additional documentation or
25 clarification not provided to COUNTY within five(5) business days of request shall have those expenses
26 disallowed, and only the allowed expenses shall be paid.
27 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
28 only, and must be accompanied by required documentation.
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1 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
2 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
3 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
4 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
5 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
6 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
7 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
8 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
9 14. INDEPENDENT CONTRACTOR
10 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
11 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
12 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
13 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
14 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
15 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
16 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
17 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
18 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
19 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
20 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
21 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
22 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
23 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
24 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
25 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
26 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
27 15. MODIFICATION
28 Any matters of this Agreement may be modified from time to time by the written consent of all the
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1 parties without, in any way, affecting the remainder.
2 16. NON-ASSIGNMENT
3 Neither party shall assign,transfer, or sub-contract this Agreement, nor their rights or duties under
4 this Agreement without the prior written consent of the other party.
5 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
6 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
7 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
8 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
9 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
10 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
11 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
12 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
13 Agreement.
14 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
15 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
16 Agreement.
17 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
18 18, INSURANCE
19 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
20 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
21 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
22 arrangement or Joint Powers Agreement(JPA) throughout the term of the Agreement:
23 A. Commercial General Liability
24 Commercial General Liability Insurance with limits of not less than Two Million Dollars
25 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars($4,000,000.00). This
26 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
27 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
28 liability or any other liability insurance deemed necessary because of the nature of this contract.
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1 B. Automobile Liability
2 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
3 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
4 used in connection with this Agreement.
5 C. Professional Liability
6 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
7 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
8 ($1,000,000.00) per occurrence, Three Million Dollars($3,000,000.00) annual aggregate.
9 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
10 three (3) years following the termination of this Agreement, one or more policies of professional liability
11 insurance with limits of coverage as specified herein.
12 D. Worker's Compensation
13 A policy of Worker's Compensation insurance as may be required by the Labor Code.
14 Additional Requirements Relating to Insurance
15 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
16 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
17 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
18 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
19 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
20 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
21 a minimum of thirty(30)days advance written notice given to COUNTY.
22 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
23 employees any amounts paid by the policy of worker's compensation insurance required by this
24 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
25 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
26 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
27 Within Thirty(30) days from the date SUBRECIPIENT signs and executes this Agreement,
28 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 foregoing policies, as required herein, to the County of Fresno, County Administrative Office,Attention:
2 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
3 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
4 and employees will not be responsible for any premiums on the policies; that for such worker's
5 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
6 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
7 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
8 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
9 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
10 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
11 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
12 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty(30)
13 days advance, written notice given to COUNTY.
14 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
15 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
16 Agreement upon the occurrence of such event.
17 All policies shall be issued by admitted insurers licensed to do business in the State of California,
18 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
19 FSC VI or better.
20 19. RECORDKEEPING AND CONFIDENTIALITY
21 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
22 must maintain records and financial documents for five(5) years after all SLFRF have been expended or
23 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
24 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
25 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
26 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
27 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
28 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
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1 disclosure pursuant to the California Consumer Privacy Act(CCPA) to ensure against a breach of
2 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
3 established written policies and procedures that align with CCPA, and shall follow such procedures.
4 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
5 procedures, and shall be monitored for compliance.
6 20. AUDITS AND INSPECTIONS:
7 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
8 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
9 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
10 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
11 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
12 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
13 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
14 reviewing entity deems to be appropriate in order to determine:
15 1) Whether the objectives of the Program are being achieved;
16 2) Where the Program is being operated in an efficient and effective
17 manner;
18 3) Whether management control systems and internal procedures have
19 been established to meet the objectives of the Program;
20 4) Whether the financial operations of the Program are being conducted
21 properly;
22 5) Whether the periodic reports to the COUNTY contain accurate and
23 reliable information;
24 6) Whether all of the activities of the Program are conducted in compliance
25 with the provisions of state and federal laws and regulations and this
26 Agreement; and
27 7) Whether all activities associated with the Program are in compliance with
28 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
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1 Guidance, and any subsequent guidance issued by TREASURY.
2 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
3 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
4 by the COUNTY or its designees, and the TREASURY,for five(5) years following termination of this
5 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
6 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
7 to promptly reimburse the COUNTY for such payments upon request.
8 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
9 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
10 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
11 requirements.
12 21. NOTICES The persons and their addresses having authority to give and receive notices
13 under this Agreement include the following:
14 COUNTY SUBRECIPIENT
COUNTY OF FRESNO Fresno Metropolitan Ministry
15 ARPA-SLFRF Coordinator 3845 N. Clark Street, Suite 101
2281 Tulare Street, Room 304 Fresno, CA 93726
16 Fresno, CA 93721 Attn: Keith Bergthold
Executive Director
17 Fresno Metropolitan Ministry
18
19 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
20 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
21 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
22 personal service is effective upon service to the recipient. A notice delivered by first-class United States
23 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
24 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
25 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
26 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
27 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
28 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
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1 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
2 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
3 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
4 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
5 beginning with section 810).
6 22. GOVERNING LAW
7 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
8 California.
9 The rights and obligations of the parties and all interpretation and performance of this Agreement
10 shall be governed in all respects by the laws of the State of California.
11 23. ADVICE OF ATTORNEY
12 Each party warrants and represents that in executing this Agreement, it has received
13 independent legal advice from its attorneys, or the opportunity to seek such advice.
14 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
16 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
17 to operate as a corporation.
18 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
19 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
20 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
21 and in which one or more of its directors has a material financial interest. Members of the Board of
22 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
23 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
24 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
25 immediately thereafter.
26 25. ELECTRONIC SIGNATURES
27 The parties agree that this Agreement may be executed by electronic signature as provided in
28 this section. An "electronic signature" means any symbol or process intended by an individual signing
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
2 version of an original handwritten signature; or(3) an electronically scanned and transmitted (for
3 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
4 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
5 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
6 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
7 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
8 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5,
9 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
10 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
11 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
12 conditioned upon the parties conducting the transactions under it by electronic means and either party
13 may sign this Agreement with an original handwritten signature.
14 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
15 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
16 Agreement negotiations, proposals, commitments,writings, advertisements, publications, and
17 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
18 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
19 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
20 be integrated into this Agreement, and binding on the parties.
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DocuSign Envelope ID:81CSAD48-OC16-4CO5-89EF-E6EE05899BF4
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUBRECIPIENT COU TY F FRESNO
4 Fi —Ora, YL OL
5 81ne Oputa, President of the Brian Pacheco, Chairman of the Board of
Board of Directors of Fresno Supervisors of the County of Fresno
6 Metropolitan Ministry
8 Keith Bergthold,
9 Executive Director
Fresno Metropolitan Ministry
10
11 ATTEST:
Mailinq Address: Bernice E. Seidel
12 Fresno Metropolitan Ministry Clerk of the Board of Supervisors
3845 N. Clark Street, Suite 101 County of Fresno, State of California
13 Fresno, CA 93726
14
15
16 By:
Deputy
17 FOR ACCOUNTING USE ONLY:
18 Fund: 0026
19 Subclass: 91021
20 ORG: 1033
21 Account:7845
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 Exhibit A
2 Program Description
3 SUBRECIPIENT administers an existing "Food to Share" program that facilitates the rescue of
4 healthy edible food from schools, stores, food packers and growers that would otherwise be thrown away.
5 SUBRECIPIENT collects and redistributes food through an existing network of 49 churches, community-
6 based organizations, senior and youth centers that serve low-income communities and residents
7 experiencing high food insecurities. The"Food to Share" program benefits neighborhoods and populations
8 in and near southwest City of Fresno, zip code 93706, an area that primarily consists of Hispanic/Latino,
9 Asian/Pacific Islander, and African American individuals and families, with median household incomes
10 ranging from 32%to 39% below the poverty level. According to the U.S. Census Bureau American
11 Community Survey(ACS) 5-year reports for years 2016 to 2020, zip code 93706 is identified as a
12 disadvantaged area, with an estimated population of 41,534 residents and a reported average median
13 household income of$31,854.
14 SUBRECIPIENT represents that SLFRF provided under this Agreement will provide funding
15 assistance to increase capacity service levels to meet the community's demand in the
16 SUBRECIPIENT's existing "Food to Share" program for calendar years 2023 and 2024. SUBRECIPIENT
17 represents that SLFRF will assist with providing an additional 1 million pounds of food over a 24-month
18 period to approximately 21,600 residents, and provide relief to households and communities
19 experiencing food insecurity that has been exacerbated by the COVID-19 pandemic. SLFRF provided to
20 SUBRECIPIENT under this Agreement is intended to support a strong and equitable recovery from the
21 COVID-19 pandemic and economic downturn by providing funds to assist a nonprofit organization
22 administer its food assistance program that benefits neighborhoods that have been impacted by the
23 pandemic in Fresno County.
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 Exhibit B
2 Subrecipient Expenditure Plan
3 SUBRECIPIENT shall provide to COUNTY drawdown requests for payments for eligible
4 expenses to complete the Program. In the first thirty (30) days following the Effective Date of this
5 Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of one hundred
6 twenty-eight thousand dollars ($128,000), equivalent to twenty five percent(25%) of the Program's total
7 budgeted amount($512,000), to cover eligible expenditures in support of the Program. The first
8 drawdown request from SUBRECIPIENT to the COUNTY shall also be accompanied by a written
9 certification from the SUBRECIPIENT that the drawdown request for payment is consistent with the
10 amount of work scheduled to be performed or materials to be purchased with the amount of funding
11 being requested from the COUNTY. Drawdowns requests shall detail purchase orders, receipts, and
12 reimbursement requests, detailing items purchased, and expenses incurred or anticipated to be incurred
13 in support of the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
14
15
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DocuSign Envelope ID:81 C5AD48-OC1 6-4CO5-89EF-E6EE05899BF4
1 Exhibit B (continued)
2 Table 1-1, Expenditure Plan
3
4 Tile American Rescue Plan Act of 2021 Budget
5 Fnnd to Share-iperat nnA Rnd>et
Expanded Food to Share
Fresno Metro Minsay I prepared 10.10_2
6
7 � Z023 annual 2024 Annual Total:Eapenditures Total Expenditure Matched by
Recurvhigcostsi Recurring Costs Cost Regoested" Cost Others
Personnel Expense
Food to Share Cargo Van Drivers(4)
8 Food to Share Quality Assurance Cocdtrator/Lead
Driver 1 0.55 FTE $ 38,235.00 S 252,990.00 S 291,225.00 S 530,892.00
9 Food to Sharepro am Manager 11 0.25 FTE S 5,580.00 $ 36,930.00 S 41510.00 S 77.496,00
Food to Share,Pro"ed Coordinators 2 2 FTE S S 107,500.00
Food to Share,Communnv Builders f2l 2 FTE S S 96.600.00
110 Metro Admm Team-Executive Director,Deputy
Director.Operations E Finance Director 0.13 FTE S 23,272.50 $ 23,172.50 1 S 46,545.00 S 94,780.00
11 Personnel Expense Total S 43,815.00 $ 289,920.00 S 380,280.00 $ 907,368,00 S 51-7,086,00
12 ICargo Van Operating Expenses
Fuel ^-$600/month van S 361000.00 S 36,000.00 S 72,000.00 S 72.000.00
prepayment maintenance plan,Prepaid Oil
13 Change Plan,Maintenance(S1,200)plus
Re airs Maintenance Re aus($1,292)x 5 vans $ 12,460.00 S 12,460.00 S 24,920.00 S 241920100
Insurance $400 month van S 10,500,00 S 10,500,00 S 21,00040 S 24,000.00
14 DMV Reinstration Renewal annual fees $ 2,250.00 21250.00 S 4.500.00 S 51000,00
,Sin./Totes/Operational Supplies -$775 month $ 4.650.00 S 4,650.00 S 91300.00 S 9,300.00
15 Cargo Van Operating Expense Subtotal $ 65,860.00 S 65.860.00 S 131,720.00 S 135.220.00 $ 3500.00
..................................................................I..._..,.........
16 S 109.675.00 S 355,780.00 S 511000.00 S 1042,586.00 S 530,588.00
overhead
17 0:-erhead*tenth adjustment a rox 104 S S
18 Overhead Expense Total $ S S S $
TOTAL S 109,675.00 S 355,780.00 S 512.000.00 S 1,042,568.00 $ 530,506.00
19
20 Only SURF funds v.ll be used to cover the expenditured incurred dumg the period set-forth by United Statez Departinent of The Treasury.
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 Exhibit B (continued)
2 Drawdown Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
16 and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice#/ Contract# Amount
18
19
20
21
22 Sincerely,
23
24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
27
28
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 Exhibit C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Identifying and demographic Agreement Number:
information (DUNS):
5 Name of Entity: Program Name:
6 Reporting Period Start Date: Reporting Period End Date:
7 Expenditure Category: 2 Negative Economic Impacts
8 Total Award: $512,000 Remaining Balance:
9
10 EXPENDITURES
Category
11Expenditures Obligations Period Period
to date ($) to date ($) Expenditures Obligations
12 2 Negative Economic Impacts, Assistance to Households
13 2.1 Food Programs
14 TOTAL
15 Describe program achievements and upcoming milestones:
16
17
PROJECT STATUS
18 Quarterly Status Report, select one.
19 Not started
completed less than 50 percent
20 completed more than 50 percent
Completed
21
22 AUTHORIZED SIGNATURE
23
24 Signature Date
25
Prepared by:
26 (Print name)
27
28
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1
Exhibit D
2
Annual Performance Report
3
All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4
required to produce an Annual Report. The Annual Report provides information on the
5
6 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
effective and equitable manner.
7
8 The initial Annual Report must cover the period from the date of award to the following June 30th and
must be submitted to the County within 15 calendar days after the end of the reporting period.
9
Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
10
11 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
15th).
12
13 Annual Period Covered Due Date
Renort
14 1 Award —June 30 2023 July 15 2023
2 July 1 2023—June 30 2024 July 15 2024
15 3 July 1 2024—June 30 2025 July 15 2025
16 4 July 1, 2025—June 30, 2026 July 15, 2026
5 July 1 2026— December 31 2026 January 15 2027
17
18 Instructions:
19 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
20 Responsibilities (Reporting Guidance) located at: https://home.treasury.gov/system/files/136/SLFRF-
21 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
22
23
24
25
26
27
28
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 Exhibit E
2 Self-Dealing Transaction Disclosure Form
3
In order to conduct business with the County of Fresno(hereinafter referred to as "County"), members
4
of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any
5
self-dealing transactions that they are a party to while providing goods, performing services, or both for
6
7 the County. A self-dealing transaction is defined below:
8 "A self-dealing transaction means a transaction to which the corporation is a party and in which
one or more of its directors has a material financial interest"
9
10 The definition above will be utilized for purposes of completing this disclosure form.
11 INSTRUCTIONS
12 (1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
13 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
14 a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
15 board member has.
16 (4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
17 (5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
18
19
20
21
22
23
24
25
26
27
28
31
11
DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 (1)Company Board Member Information:
2 Name: I I Date:
Job Title:1
3 (2)Company/Agency Name and Address:
4
5
6
7
8
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
9
10
11
12
13
14
15
16
17
18
19 (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations
20 Code 6233(a):
21
22
23
24
25
26 (5)Authorized Signature
27 Signature:
28
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 Exhibit F
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c) of the Social Security Act(the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
16
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
27 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
28 expended or returned to Treasury, whichever is later.
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1
2 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. §200.458, may not be paid with funding
3 from this award.
4
5 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
6 and indirect costs as specified in the Scope of Work.
7
8 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
9
10 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
11 policy consistent with 2 C.F.R. §200.318(c), and that such conflict-of-interest policy is applicable to each
12 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
13 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
14 accordance with 2 C.F.R. § 200.112.
15
16 9. Compliance with Applicable Law and Regulations.
17 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
18 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
19 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
20 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
21 agreements it enters into with other parties relating to this award.
22 b) Federal regulations applicable to this award include, without limitation, the following:
23 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
24 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
25 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
26 Treasury. Subpart F-Audit Requirements of the Uniform Guidance, implementing the
27 Single Audit Act, shall apply to this award.
28
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
2 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
3 by reference.
4 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
5 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
6 by reference.
7 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
8 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
9 condition in all lower tier covered transactions (contracts and subcontracts described in 2
10 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
11 implementing regulation at 31 C.F.R. Part 19.
12 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
13 in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference.
14 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
15 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
16 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42
17 ix. U.S.C. §§4601-4655) and implementing regulations.
18 X. Generally applicable federal environmental laws and regulations.
19 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
20 limitation, the following:
21 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq.) and Treasury's
22 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
23 race, color, or national origin under programs or activities receiving federal financial
24 assistance;
25 iii. The Fair Housing Act, Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.),
26 which prohibits discrimination in housing on the basis of race, color,
27 iv. religion, national origin, sex, familial status, or disability;
28
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),which
2 prohibits discrimination on the basis of disability under any program or activity receiving
3 federal financial assistance;
4 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 et seq.), and
5 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
6 the basis of age in programs or activities receiving federal financial assistance; and
7 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
8 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
9 services provided or made available by state and local governments or instrumentalities or
10 agencies thereto.
11
12 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
13 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
14 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
15 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
16 violation of section 602(c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
17 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
18 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
19
20 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act(5
21 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
22 employees whose principal employment is in connection with an activity financed in whole or in part by this
23 federal assistance.
24
25 12. False Statements. Subrecipient understands that making false statements or claims in connection
26 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
27 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
28 or contracts, and/or any other remedy available by law.
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1
2 13. Publications. Any publications produced with funds from this award must display the following
3 language: "This project[is being] [was] supported, in whole or in part, by federal award number SI_FRP
4 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
5
6 14. Debts Owed the Federal Government.
7 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
8 determined to be authorized to retain under the terms of this award; (2)that are determined by the
9 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
10 to be subject to a repayment obligation pursuant to sections 602(e)and 603(b)(2)(D)of the Act and
11 have not been repaid by Subrecipient shall constitute a debt to the federal government.
12 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
13 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
14 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
15 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
16 actions available to it to collect such a debt.
17
18 15, Disclaimer.
19 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
20 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
21 damages, or any other losses resulting in any way from the performance of this award or any
22 contract, or subcontract under this award.
23 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
24 between the United States and Subrecipient.
25
26 16. Protections for Whistleblowers.
27 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
28 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1 provided below, information that the employee reasonably believes is evidence of gross
2 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
3 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
4 a violation of law, rule, or regulation related to a federal contract(including the competition for or
5 negotiation of a contract) or grant.
6 b) The list of persons and entities referenced in the paragraph above includes the following:
7 i. A member of Congress or a representative of a committee of Congress;
8 ii. An Inspector General;
9 iii. The Government Accountability Office;
10 iv. A Treasury employee responsible for contract or grant oversight or management;
11 V. An authorized official of the Department of Justice or other law enforcement agency;
12 vi. A court or grand jury; or
13 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
14 has the responsibility to investigate, discover, or address misconduct.
15 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
16 section, in the predominant native language of the workforce.
17
18 17, Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
19 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
20 policies and programs for their employees when operating company-owned, rented or personally owned
21 vehicles.
22
23 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
24 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
25 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
26 to decrease accidents caused by distracted drivers.
27
28
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DocuSign Envelope ID:81C5AD48-OC16-4C05-89EF-E6EE05899BF4
1
2 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
3 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
4
5 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
6 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
7 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries,the use or rent of
8 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
9 and other arrangements with the intention of providing assistance. Federal financial assistance does not
10 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
11 the Federal government at market value, or programs that provide direct benefits.
12 The assurances apply to all federal financial assistance from, or funds made available through the
13 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
14 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
15 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
16 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
17
18 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
19 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
20 discrimination under programs and activities receiving federal financial assistance, of any person in
21 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
22 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
23 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
24 memoranda, and/or guidance documents.
25 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
26 with Limited English Proficiency,"seeks to improve access to federally assisted programs and
27 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
28 Subrecipient understands that denying a person access to its programs, services, and activities
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
2 Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,
3 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
4 directives, to ensure that LEP persons have meaningful access to its programs, services, and
5 activities. Subrecipient understands and agrees that meaningful access may entail providing
6 language assistance services, including oral interpretation and written translation where necessary,
7 to ensure effective communication in the Subrecipient's programs, services, and activities.
8 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
9 develops applicable budgets and conducts programs, services, and activities. As a resource,the
10 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
11 on taking reasonable steps to provide meaningful access for LEP persons, please visit
12 http://www.lep.gov.
13 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
14 of continued receipt of federal financial assistance and is binding upon Subrecipient and
15 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
16 provided.
17 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
18 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
19 agrees to incorporate the following language in every contract or agreement subject to Title VI and
20 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
21 subcontractors, successors, transferees, and assignees:
22 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
23 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
24 financial assistance from excluding from a program or activity, denying benefits of, or
25 otherwise discriminating against a person on the basis of race, color, or national origin(42
26 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
27 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
28 this contract(or agreement). Title VI also includes protection to persons with "Limited
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 English Proficiency"in any program or activity receiving federal financial assistance, 42
2 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
3 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
4 contract or agreement.
5 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
6 with the aid of federal financial assistance by the Department of the Treasury, this assurance
7 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
8 during which the real property or structure is used for a purpose for which the federal financial
9 assistance is extended or for another purpose involving the provision of similar services or benefits.
10 If any personal property is provided, this assurance obligates the Subrecipient for the period during
11 which it retains ownership or possession of the property.
12 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
13 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
14 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
15 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
16 and reporting requirements.
17 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
18 complaints of discrimination on the grounds of race, color, or national origin, and limited English
19 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
20 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
21 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
22 Subrecipient has received no complaints under Title VI.
23 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
24 compliance of Title VI and efforts to address the non-compliance, including any voluntary
25 compliance or other agreements between the Subrecipient and the administrative agency that
26 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
27 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
28 of any court or administrative agency finding of discrimination, please so state.
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DocuSign Envelope ID:81C5AD48-OC16-4CO5-89EF-E6EE05899BF4
1 10. If the Subrecipient makes sub-awards to other agencies or other entities,the Subrecipient is
2 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
3 authorities covered in this document. State agencies that make sub-awards must have in place
4 standard grant assurances and review procedures to demonstrate that they are effectively
5 monitoring the civil rights compliance of subrecipients.
6 The United States of America has the right to seek judicial enforcement of the terms of this assurances
7 document, and nothing in this document alters or limits the federal enforcement measures that the United
8 States may take in order to address violations of this document or applicable federal law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
42